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TAMPA, Fla. (WFLA) — A third federal lawsuit has been filed involving state-run migrant detention center Alligator Alcatraz.
Civil rights groups are representing a detainee who is challenging Florida’s use of 287(g) agreements. Those give state and local law enforcement the power to help the federal government with immigration enforcement.
Co-Counsel Alana Greer is with the Community Justice Project. Greer said the state went too far on its understanding and enforcement of the agreement.
“What we are seeing now is the operation of these facilities is unlawful, and no way justified by 287(g) agreements,” Greer said.
The lawsuit alleges federal law does not allow state agencies to have their own, independent immigration detention centers. The lawsuit also states that congress requires the Department of Homeland Security to have custody and control of all detainees.
“They are claiming these 287(g) agreements to operate fully state-run immigration detention centers. That’s something that has never been done before. That’s something that federal law nor these agreements allow for,” Greer said.
While in Orlando Wednesday, Gov. Ron DeSantis addressed the role of state officials and federal officials at any current or future state-run migrant detention center.
“Our role is to provide more space for processing detentions leading into the deportations. DHS determines who goes into those facilities and who goes out of those facilities,” DeSantis said.
The governor didn’t specifically refer to the lawsuit but addressed some concerns listed in the legal claim.
“We are not the ones actually removing them and sending them back to their home countries,” DeSantis said.
The lawsuit also alleges that 287(g) agreements don’t give deputized officers the power to delegate authority to private contractors. This is in response to the state partnering with private companies and personnel to help operate the migrant facility.
Larry Keefe, who serves as the Executive Director of the Florida Board of Immigration Enforcement, recently touted 287(g) agreements and the partnership between the state and federal officials during a news conference.
“Everybody has seen Alligator Alcatraz; we got Deportation Depot. But it all comes down to finding, sorting, processing, detaining and deporting in a mass scale humanely, safely, lawfully, and bringing all of these moving parts together,” Keefe said.
This lawsuit comes as operations at the migrant facility are winding down following a judge’s order, stemming from a different lawsuit, to dismantle some of the facility. That judge also banned detaining additional migrants at the facility.
The Associated Press obtained an email from Executive Director Kevin Guthrie with the Florida Division of Emergency Management. The AP stated the email message from Aug. 22 mentioned that the facility will likely be empty soon.
The governor was asked about this reporting about the email during the news conference.
“They’re (DHS) deporting them very quickly and that’s a good thing. That’s what we want. We don’t determine who goes into the facility. Obviously, there’s litigation that’s been going on that DHS is a party to, so that may be an influence about where they’re sending people,” DeSantis said.
There’s another federal lawsuit that was filed over claims migrants didn’t have adequate access to legal counsel